Dallas - Ft. Worth DWI Attorney

Fort Worth Criminal Law Attorney

The Law Offices of David Sloane represents clients on criminal charges in city, state, federal or municipal court, on these matters:

Domestic Violence
DWI (driving while intoxicated or drunk)
Assault and Battery
Federal Criminal Matters
Parole and Probation Matters
Illegal Drug Possession or Narcotics Sales
Theft, robbery or grand larceny
Juvenile or Youthful Offender Cases
Sex Offenses
Fraud Crime
Arson

Expunction and Sealing of Arrest Records

I've just been arrested, what does this mean?
How to I secure one's release from Jail?
How do I know if I need an attorney?
How do I select an attorney?
What can I expect in court?
Can I avoid having a criminal record?
How can I control my legal costs?

I've just been arrested, what does this mean?

In-short "Being arrested" means a government entity has taken a first step in subjecting someone to the Criminal Justice Process. They plan to bring someone before a court and ask that they be held accountable for committing what has been perceived to be a public wrong. Law prescribes certain standards of conduct, and failure to comply with these standards is generally referred to as a crime. Quite understandably being arrested is demoralizing and humiliating experience. But the act of taking someone into custody in the eyes of the law are only for the purpose of insuring they will appear before the proper court. Arresting someone is not intended for punishment. In the eyes of the law, someone that has been arrested and not been found guilty by a court is deemed innocent.

An arrest can take place in two ways. The first and most common are often referred to as an on view arrest. These take place when a local, state or federal law enforcement officer has decided through his or her investigation or personal observation that someone has committed a crime. The officer at this stage needn't have absolute proof of someone's guilt at this stage. They need to only possess information of facts and circumstances that a particular crime may have occurred, and the person they intend to arrest may have been the person that committed it. Furthermore, an officer needn't always make an arrest immediately. The severity of the offense; whether making an arrest immediately will jeopardize an on-going investigation; and whether the alleged crime occurred in the officer's presence will generally dictate whether or not an officer will arrest someone immediately upon view or wait until another time and arrest them with a warrant. For example: the drug dealer that has just made a sale needn't assume they have gotten away with anything just because their customer didn't pull out a badge and arrest them on the spot.

Another way one can be arrested is pursuant to a warrant. In these cases, a Magistrate or Grand Jury makes the decision to arrest based upon a sworn complaint. The complainant is usually a law enforcement officer, but can also be an individual. A warrant is a court order commanding a law enforcement officer to take someone into custody. If an officer has informed someone of an outstanding warrant, they can forget talking their way out of a trip downtown. Again, a warrant is a court order.

Once someone has been taken into custody and fingerprinted, they have been arrested. A Criminal Record has been established. (See: Protecting Your Criminal Record) They will need to secure their release from jail. (See: Securing Release From Jail.) They may likely need a Bail Bond. (See: The Role of My Bail Bondsman.) They will also likely need an attorney. (See: Selecting and Attorney.) They will also want to contain costs. (See: Containing Costs.)

How to I secure one's release from Jail?

Except in Capital Cases (those where a death penalty can be imposed) all persons arrested are guaranteed the Constitutional right to be released from jail by posting a bail bond. A bail bond is nothing more than posting collateral with the court to guarantee someone's appearance in court.

Fixing the amount of bail: Within a reasonable period of time after someone has been arrested, a magistrate must arraign him or her. At this time the magistrate will establish the amount of bail. Bail is the amount of collateral the magistrate feels is sufficient to insure the accused will appear in court. It is not to be used as an instrument of oppression. Factors the Magistrate is supposed to consider include: ties an individual has to the jurisdiction, for example, a home, job, family in the area; whether the person poses a flight risk; whether the person is likely to commit further offenses if released; and of course, the seriousness of the offense alleged. However, many magistrates give little attention to the flight risks of the accused and focus primarily on the seriousness of the alleged offense. Also, how soon this occurs after someone is arrested can vary greatly depending on where when they're arrested. The process can take place anytime from a few minutes after the arrest, to several days. Many variables can come into play that affect the amount of time one must wait to see a magistrate.

Release by Writ: If it appears the amount of time required to set bail will be unreasonable, or if the bail that has been set appears excessive, one who's been arrested should consider procuring a Writ of Habeas. If it appears bail will not be set within 12 hours of arrest, this should be considered. This requires them hire an attorney who will allege in petition to a state judge the accused is being held unlawfully without bail or the bail that has been set is excessive. In that case, the state judge will set their bail and order their release once bail has been posted, or lower the bail amount if it appears to be excessive. In cases where an excessive bail has been set by a state judge, your attorney can ask for a bond reduction hearing, however, this can take several days.

Release by posting a Cash Bond: For relatively minor offenses such as unpaid traffic tickets, many can afford to simply post a cash bond, which is usually the same amount as the amount of the fine.

Release with a Bail Bondsman: For more serious offenses, most people arrested require the services of a Bail Bondsman. A Bail Bondsman has posted their property as collateral to the court. For a percentage of the total bond amount, they will act as a surety, or guarantor that the accused will appear in court. A Bail Bondsman will consider many factors in determining the percentage of the bond they charge, including: the amount of the Bond; whether or not the accused is already an established client; and of course the ties an individual has to the jurisdiction. Typically, the lower the bond amount, the higher the percentage will be because the overhead costs for the bondsman in maintaining a small bond are just as high as maintaining a large bond. Most Bail Bondsman will require the percentage they charge to be paid in full before they will secure someone's release. For larger bonds they may also require the accused to post real estate or personal property as additional collateral. Some attorneys will act as a Bail Bondsman. Nothing in the law prohibits this. However, unless you are an established client with David Sloane, he will not. The reason for this is if someone fails to satisfy the terms and conditions set by their Bondsman, they must file papers with the court, which will ultimately result in the person's arrest. David Sloane believes this situation would run him afoul of his ethical duty of loyalty to his client. How can one zealously protect the interest of their client, while at the same time asking a judge to throw them in jail? David Sloane has an established professional relationship with many Bondsmen and will be happy to make a referral.

How do I know if I need an attorney?
Whether or not you'll need an attorney depends largely on the nature of your charges. Likely you will not if you are charged with low-grade misdemeanors such as traffic violations and perhaps failure to appear on these violations. Most defendants in traffic court are reasonably successful in navigating the system themselves to a decent outcome. However, recent changes in the law for Alcohol related offenses involving persons under 21 can now result in a driver's license suspension. If you fall into this category, perhaps you should consider hiring an attorney. If you are charged with a higher-grade misdemeanor or a felony you will most definitely need an attorney. Higher-grade misdemeanors include DWI, Driving While License Suspended, Possession of small amounts of Marijuana, Assault, Vice-type offenses, etc. You should hire an attorney right away if you are charged with a DWI because you will be facing an administrative suspension of your driver's license very soon. If you desire to retain your privilege to drive pending the outcome of your criminal charge, appeals need to be filed within 15 days.

How do I select an attorney?
Finding a competent Criminal Defense attorney can be a difficult and confusing endeavor. Sorting through pages and pages of Yellow Page ads can ad to this confusion. You should devote a great deal of time and effort to selecting the attorney for you.
Letter Lawyers: Very soon after your release from jail, you will likely be inundated with letters from lawyers soliciting your business. Some will even go so far as to quote you ridiculously low rates while knowing nothing of the facts of your case. The words "you get what you pay for" couldn't be truer than in this situation. These attorneys purchase bond lists from the Sheriff, and use them to market themselves directly to those who have been arrested. The State Bar requires these attorneys to place the word "ADVERTISEMENT" on the outside of their letter. Peers, prosecutors and former clients generally regard these attorneys as the bottom-of-the-barrel. Any experienced Criminal Defense attorney worth his or her salt needn't rely on such tactics to build or sustain their practice. If someone doesn't plan on telling family members they have been arrested, they'd better make arrangements to have their mail intercepted on a daily basis for the next few weeks.
Lawyer Referral Services provide a service for a fee to attorneys seeking referrals for new clients. Generally, the only screening these attorney's receive is the requirement they be licensed by the state, payment of the required fees, and their designation of the types of cases they are seeking.
Board Certification in Criminal Law is also an indicator that the attorney meets at least minimal standards in education and experience in the field of Criminal Law to attain the certification. However, that criterion alone should not be determinative. Many attorneys who could easily attain this certification choose not to because it has the effect of limiting their practice to ONLY that specialty.
Client and Peer Referral is by far the best first step in selecting an attorney. The better attorneys generate new business primarily from referrals by former satisfied clients, and peer attorneys who are currently overloaded, or perhaps do not practice in the area of Criminal Law. These attorneys have learned for every client they send away happy at least two new clients will return. Ask persons you know who've been arrested who their attorney was, and if they were satisfied with their representation. You should also ask:

How prompt was the attorney in returning their calls?
How well did the attorney explain the law as it applied to their situation?
How well did the attorney keep them informed as to the status of their case?
Did the attorney hold to the fee amount he or she initially quoted?
If the case was settled through a plea bargain or without a trial, did the attorney return any unused fees?

Another good source of referrals are attorneys from other fields of practice. While there is usually not much mingling between attorneys from the various practice areas, through Continuing Legal Education, seminars, and Bar functions, these attorneys do encounter Criminal Defense attorneys with sufficient interaction to determine who is competent and who is not. Your corporate or former divorce attorney can prove to be a valuable resource in locating a Criminal Defense attorney.
Friends and Relatives employed in the field of Criminal Justice is also a good source for referral. Understand any of these professionals who have encountered you on a professional basis are prohibited from endorsing or recommending any particular attorney. However, if you know any of these individuals on a personal basis, they can provide valuable information. A police officer, for example, is in a unique position to know of the attorneys they regard as formidable and those who are not. Even if you don't know any of these individuals personally, you need only pick up a newspaper. Who do those in the criminal justice field call when they're in trouble with the law? Also, former Assistant District Attorneys (if they were ever ultimately promoted to a felony court) can be presumed to have a needed level of competence to represent you in a criminal case.
You should arrange a personal consultation with at least two or three of these attorneys once you've narrowed the field. NEVER hire an attorney over the phone. During your initial visit, keep your eyes and ears open. Does the attorney exude confidence and competence in the field? Is he or she someone a judge or jury could easily grow to trust? Does he or she have the equipment and clerical staff to generate the correspondence and pleadings necessary to properly represent you? Do the books, manuals and publications on his or her bookshelves demonstrate an adequate level of interest and continued study to indicate they are competent in the field of Criminal Law? Did he or she allow himself or herself to be distracted from you and your problem during the initial consultation? Attorneys are prohibited from making misleading statements to a potential client. With this in mind, you should ask some very pointed questions:

How long have they been practicing criminal law?
How many cases of this nature have they handled?
What percentage of the cases they take do they take to trial?
Do they make unrealistic promises as to the predicted outcome of your case given the amount of information they currently have? Undue optimism or pessimism at this stage are danger signs. Likewise, an attorney that recommends you enter a plea of anything other than "Not Guilty" before they've had an opportunity to review ALL of the state's evidence against you should be fired on the spot.

What can I expect in court?
Once the charges against you are filed, your case will be assigned to a court. This will be the court and judge you deal with until the conclusion of your case. He or she will later be in position to decide important evidentiary issues in your case. Depending on whether you or the state elects for a jury trial, they may even decide your guilt or innocence and impose the punishment if you are found guilty. Common sense should tell you not to anger the court. While your case is pending, the court won't ask much of you, but they do expect what they ask. At all times, you must treat the court with respect. You will be called to the court for a number or pre-trial hearings. These hearings, in part give the court the opportunity to know you haven't fled the jurisdiction, and encourage discussion of the resolution of your case between the prosecutor and your attorney. You should always dress appropriately. Nearly every court prohibits the wearing of shorts and half-shirts, and refusal to remove a hat has landed a few people in jail. In the absence of your attorney, you may have to address the judge directly if your name is called. Answer the questions you are asked, and do exactly as you are told until your lawyer arrives. Any correspondence you receive from the court should be immediately forwarded to your attorney. While your lawyer can make many decisions for you when dealing with the court. Some, they cannot. Whether or not to accept a plea bargain is exclusively you decision alone. A lawyer has a duty to inform you of all the relevant fact of your case. They can even tell you their assessment of your likelihood of success if you take the case to trial. However, a lawyer that tries to pressure you to accept a plea bargain or make any major decision for you concerning your case is crossing the line. Remember YOU are the boss. If you and your attorney cannot agree on how to proceed with your case, it is his or her duty to withdraw.

Can I avoid having a criminal record?
Once you were taken into custody and fingerprinted, you gained a criminal record! The fact you were arrested along with the charge was forwarded to County, State, and Federal Criminal Record repositories. That is the reason multiple sets of your fingerprints were taken. They each need a copy to establish your criminal record. Therefore, the question now becomes what to do about it? About the ONLY way to prevent a criminal record beyond this point is to have the charges dismissed outright, or to be found not guilty at trial. Beware of what is called a "Deferred Adjudication." A Deferred Adjudication is where the court will withhold a finding of guilt if probation is successfully completed. Many attorneys are less than honest with their client when they persuade them to accept a Deferred Adjudication, as part of a plea bargain by telling them "it" won't go their record. A statement such as this is only half true. What they should say is the conviction will not go on your record. The fact you were arrested will always remain unless you have the record expunged. You cannot have your record expunged if you accept a Deferred Adjudication. Whether or not you were ultimately convicted will carry little weight with a potential employer once they learn you were arrested in the first place. To have a record of your arrest expunged, you must first have the charge dismissed outright, or be found not guilty by a judge or jury. You can also have a record expunged if you have received a pardon from the Governor, which seldom happens. Once your charges are dismissed, or you are found "not guilty" your attorney can petition the court to have the arrest removed from your record. A hearing is held. If no one in possession of your arrest record presents a lawful reason for not expunging the record, the court enters an Order to all local, state and federal authorities to return their original records concerning your arrest along with any copies in their possession, and to delete any reference to you or the arrest from their local, state, and national databases. The original records returned to the court are destroyed by the clerk, in your presence if you so desire.

How can I control my legal costs?
Being arrested in it's very nature is very expensive. The costs begin immediately with bond and often wrecker and impound fees. It doesn't end there. There are attorney fees. There are often lost wages from missed work for court appearances. If you are ultimately convicted, there are fines, court costs, probation fees, and theft, drug and alcohol program fees. Additionally in cases of a DWI, there are driver's license reinstatement fees, inter-lock fees, and insurance company charges for an SR-22, which of course, also alerts your insurance company you have likely had a DWI. This will trigger an insurance company audit and can easily result in an insurance premium increase of five times the amount you're currently paying. The greatest charges will likely come from your attorney. However, the attorney you select can have a profound impact on the amount of fines and fees you'll eventually pay. That $200.00 lawyer will inevitably cost you a fortune in other cost. Controlling legal costs is however, within your control. You should know the average competent Criminal Defense Attorney in the Dallas/Ft. Worth area will charge somewhere between $100.00 and $375.00 per hour. Rarely do they charge for an initial consultation. You can limit legal expenses by asking the attorney to handle your case in stages. Rather than forking over a pile of money for a trial, only to have the case settle and the lawyer keep the remaining balance; you should negotiate the case in stages for a flat fee, or under a straight hourly arrangement. A flat fee in stages arrangement usually works to the client's benefit because the lawyer nearly always ends up spending much more time on their case than they initially predicted. Court appearances that should normally take an hour, can easily take three. Witnesses and records can be difficult to locate and require repeated attempts, etc. Ideally for the client, he or she will negotiate with the attorney to represent them to a certain point, usually through an examination of the state's evidence and the attorney can then advise them whether contesting the charges will likely result in success. If it appears success will not be likely, the client can agree to pay the attorney a flat fee through the plea negotiation process to get the best deal from the state they possibly can. Remember, if the prosecutor knows the lawyer you hired routinely takes cases like yours for a low fee and settles them at the first appearance, the plea offer will never be attractive. If the case appears winnable, the client can arrange to pay a flat fee for a trial.